2026 -- S 2395 | |
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LC004248 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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Introduced By: Senators Thompson, Dimitri, Burke, Ciccone, Famiglietti, Tikoian, | |
Date Introduced: January 30, 2026 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-47-2 of the General Laws in Chapter 11-47 entitled "Weapons" is |
2 | hereby amended to read as follows: |
3 | 11-47-2. Definitions. |
4 | When used in this chapter, the following words and phrases are construed as follows: |
5 | (1) “3D printing process” means 3D printing or additive manufacturing which is a process |
6 | of making three (3) dimensional solid objects from a computer file and shall include any of various |
7 | processes in which material is joined or solidified under computer control to create a three (3) |
8 | dimensional object, with material being added together including liquid molecules or powder |
9 | grains. |
10 | (2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. |
11 | § 921. |
12 | (3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic |
13 | weapon and is designed to fire one round on the pull of the trigger and another round upon release |
14 | of the trigger. |
15 | (4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard |
16 | stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire |
17 | the weapon. |
18 | (5) “Crime gun” means any firearm used in a crime or identified by law enforcement as |
19 | suspected of having been used in a criminal offense. |
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1 | (6) “Electronic dart gun” means any handheld device that transmits an electric current from |
2 | the device to a person by expelling steel or metal prongs, darts or projectiles to make contact with |
3 | a person, and is activated by a trigger button. |
4 | (6)(7) “Crime of violence” means and includes any of the following crimes or an attempt |
5 | to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or |
6 | second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, |
7 | burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or |
8 | delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a |
9 | controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- |
10 | 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a |
11 | dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit |
12 | any offense punishable as a felony; upon any conviction of an offense punishable as a felony |
13 | offense under § 12-29-5. |
14 | (7)(8) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” |
15 | “BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may |
16 | readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and |
17 | except instruments propelling projectiles that are designed or normally used for a primary purpose |
18 | other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under |
19 | the provisions of this section. |
20 | (8)(9) “Fugitive from justice” means any person who has fled from any state, territory, the |
21 | District of Columbia, or possession of the United States to avoid prosecution for a crime of violence |
22 | or to avoid giving testimony in any criminal proceeding. |
23 | (9)(10) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique |
24 | serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, |
25 | maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does |
26 | not include a firearm that has been rendered permanently inoperable, or a firearm that is not |
27 | required to have a serial number in accordance with the federal Gun Control Act of 1968. |
28 | (10)(11) “Licensing authorities” means the board of police commissioners of a city or town |
29 | where the board has been instituted, the chief of police or superintendent of police of other cities |
30 | and towns having a regular organized police force, and, in towns where there is no chief of police |
31 | or superintendent of police, it means the town clerk who may issue licenses upon the |
32 | recommendation of the town sergeant, and it also means any other person or body duly authorized |
33 | by the city or town charter or by state law. |
34 | (11)(12) “Machine gun” means any weapon that shoots, is designed to shoot, or can be |
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1 | readily restored to shoot automatically more than one shot, without manual reloading, by a single |
2 | function of the trigger. The term also includes the frame or receiver of the weapon, any combination |
3 | of parts designed and intended for use in converting a weapon into a machine gun, and any |
4 | combination of parts from which a machine gun can be assembled if the parts are in the possession |
5 | or under the control of a person. |
6 | (12)(13) “Major component” means, with respect to a firearm: |
7 | (i) The slide or cylinder or the frame or receiver of the firearm; and |
8 | (ii) In the case of a rifle or shotgun, includes the barrel of the firearm. |
9 | (13)(14) “Person” includes an individual, partnership, firm, association, or corporation. |
10 | (14)(15) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon |
11 | with overall length less than twenty-six inches (26″), but does not include any pistol or revolver |
12 | designed for the use of blank cartridges only. |
13 | (15)(16) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel |
14 | length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
15 | U.S.C. ch. 53 (prior § 5801 et seq.). |
16 | (16)(17) “Sawed-off rifle” means any rifle with overall length of less than twenty-six |
17 | inches (26″) or barrel length of less than sixteen inches (16″). |
18 | (17)(18) “Sawed-off shotgun” means any shotgun with overall length of less than twenty- |
19 | six inches (26″) or barrel length of less than eighteen inches (18″). |
20 | (18)(19) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, |
21 | accept, and borrow, and “purchasing” shall be construed accordingly. |
22 | (19)(20) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel |
23 | length and overall length not be subject to registration pursuant to the National Firearms Act, 26 |
24 | U.S.C. ch. 53 (prior § 5801 et seq.). |
25 | (21) “Stun gun” means a battery powered handheld device that transmits an electric charge |
26 | from the device to a person, while touching or applying the device to a person, and is activated by |
27 | a trigger button. |
28 | (20)(22) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi- |
29 | automatic weapon and causes the weapon to fire by turning the crank handle. |
30 | (21)(23) “Undetectable firearm” means any firearm that: |
31 | (i) After removal of all parts, other than a major component, is not as detectable by walk- |
32 | through metal detectors commonly used at airports or other public buildings; or |
33 | (ii) Any major component of which, if subjected to inspection by the types of detection |
34 | devices commonly used at airports or other public buildings for security screening, would not |
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1 | generate an image that accurately depicts the shape of the component; or |
2 | (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or |
3 | (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into |
4 | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or |
5 | markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not |
6 | apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. |
7 | SECTION 2. Section 11-47-42 of the General Laws in Chapter 11-47 entitled "Weapons" |
8 | is hereby amended to read as follows: |
9 | 11-47-42. Weapons other than firearms prohibited. |
10 | (a)(1) No person shall carry or possess or attempt to use against another any instrument or |
11 | weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal |
12 | knuckles, slap glove, bludgeon, stun-gun, or the so called “Kung-Fu” weapons. |
13 | (2) No person shall with intent to use unlawfully against another, carry or possess a |
14 | crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to |
15 | cut and stab another. |
16 | (3) No person shall wear or carry concealed upon his person, any of the above-mentioned |
17 | instruments or weapons, or any razor, or knife of any description having a blade of more than three |
18 | (3) inches in length measuring from the end of the handle where the blade is attached to the end of |
19 | the blade, or other weapon of like kind or description. |
20 | Any person violating the provisions of these subsections shall be punished by a fine of not |
21 | more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both, |
22 | and the weapon so found shall be confiscated. |
23 | Any person violating the provisions of these subsections while he or she is incarcerated |
24 | within the confines of the adult correctional institutions shall be punished by a fine of not less than |
25 | one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment |
26 | for not less than one year nor more than five (5) years, or both, and the weapon so found shall be |
27 | confiscated. |
28 | (b) No person shall sell to a person under eighteen (18) years of age, without the written |
29 | authorization of the minor’s parent or legal guardian, any stink bomb, blackjack, slingshot, bill, |
30 | sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called “kung- |
31 | fu” weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description |
32 | having a blade of more than three inches (3″) in length as described in subsection (a) of this section, |
33 | or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly |
34 | known as a Chinese throwing star, except that an individual who is actually engaged in the |
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1 | instruction of martial arts and licensed under § 5-43-1 [repealed] may carry and possess any multi- |
2 | pronged star with sharpened edges for the sole purpose of instructional use. Any person violating |
3 | the provisions of this subsection shall be punished by a fine of not less than one thousand dollars |
4 | ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one |
5 | year nor more than five (5) years, or both, and the weapons so found shall be confiscated. |
6 | SECTION 3. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended |
7 | by adding thereto the following section: |
8 | 11-47-8.2. Purchase, possession, sale or use of stun gun or electronic dart gun. |
9 | (a) Except as otherwise prohibited by law or the provisions of §11-47-5, a person eighteen |
10 | (18) years of age or over may purchase a stun gun or electronic dart gun. |
11 | (b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun or electronic |
12 | dart gun to a person who is less than eighteen (18) years of age. Any person convicted of violating |
13 | the provisions of this subsection shall be guilty of a felony and may be punished by imprisonment |
14 | for not more than five (5) years. |
15 | (c) No person shall use or attempt to use a stun gun or electronic dart gun in the commission |
16 | of a crime. Any person convicted of violating the provisions of this subsection shall be guilty of a |
17 | felony and may be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment |
18 | for not more than ten (10) years, or both. |
19 | (d) No person shall use or attempt to use a stun gun or electronic dart gun on a police officer |
20 | who is engaged in the performance of their duty. Any person convicted of violating the provisions |
21 | of this subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand |
22 | dollars ($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence |
23 | imposed upon a person pursuant to this subsection shall be imposed consecutively to and not |
24 | concurrently with any sentence imposed for the underlying crime or attempted crime, and the |
25 | person shall not be afforded the benefit of suspension or deferment of sentence. |
26 | (e) No person shall purchase, own, carry, transport, or have in their possession any stun |
27 | gun or electronic dart gun if that person is prohibited from possessing a firearm pursuant to §11- |
28 | 47-5, or has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of a |
29 | felony. |
30 | SECTION 4. This act shall take effect upon passage. |
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LC004248 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL OFFENSES -- WEAPONS | |
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1 | This act would provide that a person over the age of eighteen (18) years can purchase and |
2 | possess a stun gun or electronic dart gun and also prohibits the sale of a stun gun or electronic dart |
3 | gun to any person under the age of eighteen (18) years. It would also criminalize the use of a stun |
4 | gun or electronic dart gun in any criminal offense or the use of a stun gun or electronic dart gun |
5 | against any police officer engaged in the execution of their duty. |
6 | This act would take effect upon passage. |
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